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El Paso Matters – Did Texas ban cities from mandating that businesses provide heat and water breaks for workers?

Posted on July 4, 2024

Editor’s Note: El Paso Matters is partnering with Gigafact to produce “fact briefs” that examine claims about issues shaping our community. 

YES.

A state law passed in June 2023 prevents local governments in Texas from mandating businesses implement practices, such as employment leave and breaks, that exceed or conflict with federal or state law for employers. The bill went into effect on Sept. 1, 2023, even after a state district judge called it unconstitutional.

House Bill 2127 eliminates such local ordinances statewide, including mandated water breaks for construction workers like those previously adopted in Austin and Dallas.

The law does not affect labor requirements set by private employers or organizations, who can create their own guidelines on water breaks.

A similar law in Florida prevents local governments from establishing mandates on heat exposures, minimum wage and scheduling. It goes into effect July 1, 2024.

California, Washington, Oregon and Colorado are the only states that have laws outlining requirements for workers facing outdoor heat exposure. Minnesota has a law regulating indoor heat exposure.

This fact brief is responsive to conversations such as this one.

SOURCES: 

HB 2127

Austin Ordinance

Dallas Ordinance

El Paso Ordinance

Attorney General Press Release

Judge declares new Texas law that would erode cities’ power to enact local rules unconstitutional

HB 433

Heat standards in specific states

The post Did Texas ban cities from mandating that businesses provide heat and water breaks for workers? appeared first on El Paso Matters.

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